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The Minnesota Supreme Court could rule any day or any minute in a pair of cases that could uproot the power structure in the State House of Representatives. In a state where Democrats have, until recently, controlled the entire government, justices are considering whether Republicans hold the power now, like they say they do. Minnesota Public Radio's Dana Ferguson reports.
DANA FERGUSON, BYLINE: Republicans and Democrats in the Minnesota House were tied 67 to 67 following the November election. Then came a series of unexpected turns, including one Democrat losing a challenge on his residency. With a one-seat majority, Republicans took control of the chamber. The issue - quorum, according to state leaders, is 68. Again, Republicans had 67. Meanwhile, Democrats have been nowhere in sight. They've been boycotting the Capitol to avoid giving the GOP the one vote they need to conduct official business.
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NATALIE HUDSON: Good afternoon. Please be seated.
FERGUSON: Justices peppered attorneys about whether the state's highest court should be weighing in on questions of legislative control at all.
GORDON MOORE: If we decide this case, we're essentially opening up a can of worms.
THEODORA GAITAS: Doesn't the quorum question that's been presented here require us to interpret our own state constitution? Isn't that our thing?
HUDSON: We should be exercising judicial restraint.
FERGUSON: Those were associate justices Gordon Moore and Theodora Gaitas, followed by Chief Justice Natalie Hudson. The Republicans' attorney urged the court to just stay out of it. Here he is, Nicholas Nelson.
NICHOLAS NELSON: The judicial power includes reviewing the validity of statutes. It does not include reviewing the legislature's organization of itself or the legislature's leadership choices.
FERGUSON: House Democrats want the court to uproot GOP control. They say Republicans lack a quorum. There's a dispute over the legislative math in the 134-person body. Here's their attorney David Zoll.
DAVID ZOLL: We know that a majority of that number - that is 68 members - constitute a quorum of the Minnesota House by law and without exception. And this is for good reason. It ensures that before the House takes any action, at least a majority of Minnesotans are represented in the House Chamber.
FERGUSON: With one seat empty, Republicans say 67 is actually the magic number. The special election for the empty seat is expected to go to a Democrat, bringing the chamber back to a tie - 67 to 67. Nelson, the attorney for Republicans, said Democrats were forcing the issue by refusing to show up at the Capitol. Chief Justice Hudson in her question suggested that the court is ruling in an unprecedented moment.
HUDSON: What we have is a coequal branch of government that is completely dysfunctional, that is not doing the will and the work of the people of Minnesota.
FERGUSON: When it comes to how the court could rule, the justices could punt. That would mean Republicans would maintain house control. The court could force a do-over, basically saying those first weeks don't count at all, or they could search for something of a middle ground. All seven justices on the Minnesota Supreme Court were appointed by Democratic governors. But that doesn't necessarily give away how they might rule. As for Democrats, they say they'll keep up the boycott, barring a power-sharing deal or a ruling from the court.
For NPR News, I'm Dana Ferguson in St. Paul.
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